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Charge(s): Assault
Location: Minden
Our Client(s): Mr. E
Year: 2022
Lawyer/Paralegal: Richard Aitken
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Please Note: Past results not predictive of future results.

The Background

Mr. E, a single widowed father juggling multiple jobs and pursuing further education while caring for a young child, encountered a challenging situation when he spanked his child out of frustration, leaving visible marks but causing no serious injury. This led to the intervention of the Children’s Aid Society, which resulted in a criminal assault charge against Mr. E. As a result, Mr. E’s child was placed in the custody of a family member, with Mr. E granted only supervised access. Complicating matters further, Mr. E was embarking on a new career path that demanded a clean criminal record.

The Crown’s original position was 6 months jail, probation and an ancillary orders including a weapons ban and DNA sample.

The Goals

The client’s main goal is to regain access to and reunite with his child. Additionally, his secondary objective is to achieve a resolution that has minimal impact on his new career goals, recognizing the potential negative consequences that criminal charges could have on his pursuit of a career requiring a clean police record check. In this instance, we chose not to pursue a peace bond, despite its potential advantages in different scenarios. This decision was influenced by the fact that for Mr. E’s new career, he would need a vulnerable sector check, and a peace bond could negatively affect this check.

The Strategy

Our approach commenced by enrolling Mr. E in diverse counseling programs and establishing a robust support network to assist him in his childcare responsibilities. These programs provided a range of parenting coping mechanisms and strategies for managing the challenges associated with single parenthood. Simultaneously, we collaborated with the Children’s Aid Society to facilitate increased access to Mr. E’s child, beginning with supervised visits and gradually transitioning to unsupervised stays, culminating in full primary care once Mr. E demonstrated the effectiveness of his efforts.

Throughout the process, we maintained ongoing discussions and follow-up meetings with the Crown to keep them informed of Mr. E’s progress.

The Results

Upon Mr. E being reinstated as the primary caregiver of his child, we compiled the comprehensive groundwork and findings from the Children’s Aid Society into a detailed letter presented to the Crown. As a result, the Crown concurred with our assessment, leading to the charges being stayed at the subsequent court appearance.

Mr. E was overjoyed by this outcome, as it allowed him to pursue his new career and continue with his life.


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